Order granting maternal grandmother visitation rights with her daughter’s two children, pursuant to Georgia’s Grandparent Visitation Statute, AFFIRMED; daughter could not challenge visitation order, since she aided in causing order by moving trial court to enforce earlier visitation agreement and there was no evidence of fraud or mistake; daughter was authorized to file instant appeal, pursuant to OCGA 5-6-34(a)(11); Court declined to dismiss daughter’s appeal and denied grandmother’s motion to sanction daughter for filing frivolous appeal.

Hargett v. Dickey, A10A0762 (05/20/2010), 10 FCDR 1702

From:  Fulton County Daily Report (06/04/2010).

Denial of former foster parents’ petition to adopt minor, AFFIRMED; trial court did not err in holding that foster parents lacked standing to pursue adoption, because OCGA 19-8-5(a) provides for adoption, if living parents have voluntarily surrendered their rights in writing to third person pursuing adoption and, in this case, parents surrendered their rights to minor’s maternal grandmother; trial court did not err in disregarding OCGA 49-5-281, Foster Parent’s Bill of Rights, because trial court did consider foster parents throughout doption process and Department of Human Services has absolute discretion in adoption decisions; evidence supported trial court’s decision that it would be inminor’s best interest to remain at material grandmother’s house; previous appellate deicsion, holding that there was no evidence supporting finding that adoption by maternal grandmother was in minor’s best interest, did not demand finding that adoption by foster parent was in child’s best interest; foster parents’ argument based on OCGA 19-8-18(d) rejcted, because that section is based on peitions brought pursuant to OCGA 19-8-5, which was inapplicable.

Owen v. Watts, A10A0774 (04/13/2010), 10 FCDR 1448

From:  Fulton County Daily Report (4/13/2010)

Grant of visitation to maternal grandmother VACATED, and case remanded with direction for trial court to determine, using clear and convincing standard, whether grandchildren’s health or welfare would be harmed unless visitation is granted and whether visitation is in children’s best interests; trial court did not make these necessary findings of fact, as required by OCGA § 19-7-3 (c), and appellant only approved of form of final order, not its contents.

Cates v. Jamison, A09A1938 (12/07/09), 09 FCDR 4075

From:  Fulton County Daily Report, 12/31/2009.

Termination of mother and father’s parental rights and award of custody to DHR, AFFIRMED, juvenile court did not lack jurisdiction to proceed with dispostional hearing, even though parents executed voluntary surrender in favor of maternal great-grandparents on September 15, 2008, since juvenile court’s order, wich was not filed until September 17, 2008, clearly stated that it was nunc pro tunc to September 3, 2008, date of termination hearing; juvenile court did not abuse its discretion in treating great-grandparents’ ages as dispositive factor in dispositional hearing, because juvenile’s court’s duty to consider best interest of child gives court discretion to consider many factors and evidence showed that DHR recommended foster family for child’s long-term placement and child had developed attchements to family.

In the Interest of D.C.H., A09A1557 (11/06/09)

From:  Fulton County Daily Report, 12/4/2009

A GA parent who  tests positive for marijuana and cocaine at the inception of a case, has a history of marijuana use, lacks stable and suitable housing, has no stable employment, does not pay child support and continues to reside with the children’s other parent, who has a chronic drug and alcohol abuse problem supports the termination of the parent’s parental rights to her children.

If a court grants a parent application for discretionary appeal, the parent can not show harm from the juvenile court’s alleged failure to provide a transcript.

A juvenile court does not abuse its discretion in determining the children should stay in their stable foster home , where the children have bonded with the foster parents and the foster parents wished to adopt them rather than a grandparent who is away from home for months at a time.

In the Interest of J.J.  A09A1330 (07-17-09)

Judges:  M. Anthony Baker, Cherokee Juvenile Court;  Bernes, Smith, Phipps

For more information contact:  CJ Remboldt

A GA Superior Court has jurisdiction over the temporary  award of custody of a child to grandparents if complaint was not in nature of a deprivation petition and does not allege they should be granted permanent custody of the child because the child is deprived.

Even if an earlier petition is filed by DFACS and rejected by Juvenile court, if there is no Superior Court order transferring petition to juvenile court , jurisdiction obtained during original deprivation proceeding cannot serve to retain jurisdiction in juvenile court.

If there is no trial transcript the trial court’s remaining rulings are presumed correct.

Wiepert v. Stover, A09A0197 (07/02/09)

For more information contact:  CJ Remboldt